AN ACT CONCERNING ADOPTION AND SUBSIDIZED GUARDIANSHIP ASSISTANCE.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 17a-126 of the 2008 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2008):

(a) As used in this section, "relative caregiver" means a person who is caring for a child related to such person because the parent of the child has died or become otherwise unable to care for the child for reasons that make reunification with the parent not a viable option within the foreseeable future and "commissioner" means the Commissioner of Children and Families.

(b) The Commissioner of Children and Families shall establish a program of subsidized guardianship for the benefit of children in the care or custody of the commissioner who are living with relative caregivers and who have been in foster care or certified relative care for not less than eighteen months. The commissioner, within available appropriations, shall establish a program of subsidized guardianship for the benefit of children in the care or custody of the commissioner who are living with relative caregivers and who have been in foster care or certified relative care for not less than six but not more than eighteen months. A relative caregiver may request a guardianship subsidy from the commissioner. If adoption of the child by the relative caregiver is an option, the commissioner shall counsel the caregiver about the advantages and disadvantages of adoption and subsidized guardianship so that the decision by the relative caregiver to request a subsidized guardianship may be a fully informed one.

(c) If a relative caregiver who is receiving a guardianship subsidy for a related child is also caring for the child's sibling who is not related to the caregiver, (1) the commissioner shall provide a guardianship subsidy to such relative caregiver if the sibling has been in foster care for not less than eighteen months, and (2) the commissioner shall, within available appropriations, provide a guardianship subsidy to such relative caregiver if the sibling has been in foster care for not less than six months but not more than eighteen months. For purposes of this subsection, "child's sibling" includes a stepbrother, stepsister, a half-brother or a half-sister.

(d) The commissioner shall provide the following subsidies under the subsidized guardianship program in accordance with this section and the regulations adopted pursuant to subsection (e) of this section: (1) A special-need subsidy, which shall be a lump sum payment for one-time expenses resulting from the assumption of care of the child when no other resource is available to pay for such expense; [and] (2) a medical subsidy comparable to the medical subsidy to children in the subsidized adoption program if the child lacks private health insurance; and (3) a higher education subsidy for all children participating in the subsidized guardianship program for tuition at any public or independent institution of higher education or a private occupational school provided the amount of such subsidy shall not exceed (i) the tuition at the institution of higher education or private occupational school the child is attending or will attend or (ii) the tuition at The University of Connecticut, whichever is less. The subsidized guardianship program shall also provide a monthly subsidy on behalf of the child payable to the relative caregiver that shall be equal to the prevailing foster care rate. The commissioner may establish an asset test for eligibility under the program.

(e) The commissioner shall adopt regulations, in accordance with chapter 54, implementing the subsidized guardianship program established under this section. Such regulations shall require, as a prerequisite to payment of a guardianship subsidy for the benefit of a minor child, that a home study report be filed with the court having jurisdiction of the case of the minor not later than fifteen days after the date of the request for a subsidy, provided no such report shall be required to be filed if a report has previously been provided to the court or if the caregiver has been determined to be a certified relative caregiver by the commissioner. The regulations shall also establish a procedure comparable to that for the subsidized adoption program to determine the types and amounts of subsidy to be granted by the commissioner as provided in subsection (d) of this section, for annual review of the subsidy as provided in subsection (f) of this section and for appeal from decisions by the commissioner denying, modifying or terminating such subsidies.

(f) The guardianship subsidy provided under this section shall continue until the child reaches the age of eighteen or the age of twenty-one if such child is in full time attendance at a secondary school, technical school or college or is in a state accredited job training program. Annually, the subsidized guardian shall submit to the commissioner a sworn statement that the child is still living with and receiving support from the guardian. The parent of any child receiving assistance through the subsidized guardianship program shall remain liable for the support of the child as required by the general statutes.

(g) A guardianship subsidy shall not be included in the calculation of household income in determining eligibility for benefits of the relative caregiver of the subsidized child or other persons living within the household of the relative caregiver.

(h) Payments for guardianship subsidies shall be made from moneys available from any source to the commissioner for child welfare purposes. The commissioner shall develop and implement a plan that: (1) Maximizes use of the subsidized guardianship program to decrease the number of children in the legal custody of the Commissioner of Children and Families and to reduce the number of children who would otherwise be placed into foster care when there is a family member willing to provide care; (2) maximizes federal reimbursement for the costs of the subsidized guardianship program, provided whatever federal maximization method is employed shall not result in the relative caregiver of a child being subject to work requirements as a condition of receipt of benefits for the child or the benefits restricted in time or scope other than as specified in subsection (c) of this section; and (3) ensures necessary transfers of funds between agencies and interagency coordination in program implementation. The Commissioner of Children and Families shall seek all federal waivers as are necessary and appropriate to implement this plan.

Sec. 2. Section 17a-117 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2008):

(a) The Department of Children and Families may, and is encouraged to contract with child-placing agencies to arrange for the adoption of children who are free for adoption. If (1) a child for whom adoption is indicated, cannot, after all reasonable efforts consistent with the best interests of the child, be placed in adoption through existing sources because the child is a special needs child and (2) the adopting family meets the standards for adoption which any other adopting family meets, the Commissioner of Children and Families shall, before adoption of such child by such family, certify such child as a special needs child and, after adoption, provide one or more of the following subsidies for the adopting parents: (A) A special-need subsidy, which is a lump sum payment paid directly to the person providing the required service, to pay for an anticipated expense resulting from the adoption when no other resource is available for such payment; or (B) a periodic subsidy which is a payment to the adopting family; and (C) in addition to the subsidies granted under this subsection, (i) a higher education subsidy for all children adopted through the child welfare system in this state for tuition at any public or independent institution of higher education or a private occupational school provided the amount of such subsidy shall not exceed the tuition at the institution of higher education or private occupational school the child is attending or will attend or the tuition at The University of Connecticut, whichever is less, and (ii) any medical benefits which are being provided prior to final approval of the adoption by the Court of Probate in accordance with the fee schedule and payment procedures under the state Medicaid program administered by the Department of Social Services shall continue as long as the child qualifies as a dependent of the adoptive parent under the provisions of the Internal Revenue Code. Such medical subsidy may continue only until the child reaches age twenty-one. A special-need subsidy may only be granted until the child reaches age eighteen, or age twenty-three, if the child is attending high school, an institution of higher education or private occupation school. A periodic subsidy may continue only until the child reaches age eighteen, or age twenty-three, if the child is attending high school, an institution of higher education or a private occupational school, and is subject to biennial review as provided for in section 17a-118. A higher education subsidy may continue only until the child reaches age twenty-three if the child is attending an institution of higher education or a private occupational school. The amount of a periodic subsidy shall not exceed the current costs of foster maintenance care.

(b) Requests for subsidies after a final approval of the adoption by the Court of Probate may be considered at the discretion of the commissioner for conditions resulting from or directly related to the totality of circumstances surrounding the child prior to placement in adoption. A written certification of the need for a subsidy shall be made by the Commissioner of Children and Families in each case and the type, amount and duration of the subsidy shall be mutually agreed to by the commissioner and the adopting parents prior to the entry of such decree. Any subsidy decision by the Commissioner of Children and Families may be appealed by a licensed child-placing agency or the adopting parent or parents to the Adoption Subsidy Review Board established under subsection (c) of this section. The commissioner shall establish an adoption subsidy rate schedule that sets out a base amount regardless of the date the adoption was approved. The commissioner shall adopt regulations establishing the procedures for determining the amount and the need for a subsidy.

(c) There is established an Adoption Subsidy Review Board to hear appeals under this section, section 17a-118 and section 17a-120. The board shall consist of the Commissioner of Children and Families, or the commissioner's designee, and a licensed representative of a child-placing agency and an adoptive parent appointed by the Governor. The Governor shall appoint an alternate licensed representative of a child-placing agency and an alternate adoptive parent. Such alternative members shall, when seated, have all the powers and duties set forth in this section and sections 17a-118 and 17a-120. Whenever an alternate member serves in place of a member of the board, such alternate member shall represent the same interest as the member in whose place such alternative member serves. All decisions of the board shall be based on the best interest of the child. Appeals under this section shall be in accordance with the provisions of chapter 54.

Statement of Purpose:

To provide funding and adoption subsidies for adopted children participating in the substitute guardianship program.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]